Idaho’s long-term public safety depends not only on responding to crime, but also on investing in strategies that reduce repeat offenses and prevent unnecessary future involvement in the justice system. Public defense and treatment courts support this approach by connecting eligible people to services and alternatives to incarceration. Continued investment in these strategies can strengthen public safety, promote responsible stewardship of taxpayer dollars, and help control long-term correctional costs. During the 2026 Legislative Session, Idaho’s lawmakers approved across-the-board budget cuts, reducing funding for most state agencies and departments retroactively by four percent for FY 2026 and by five percent beginning in FY 2027. The Idaho Department of Correction was one of the few agencies that received a budget increase due to Idaho’s growing correctional costs and prison capacity needs.¹

While these decisions increased General Fund support for Corrections, General Fund support for the Judicial Branch and the Office of the State Public Defender went down.² This report examines how those funding decisions may affect long-term public safety and correctional costs, and how continued investment in public defense and treatment courts can help reduce future demand on Idaho’s correctional system.

Budget Decisions Made During the 2026 Legislative Session Prioritized Prisons Over Prevention

During the 2026 Legislative Session, lawmakers increased General Fund support for Corrections while reducing General Fund support for the Judicial Branch and the Office of the State Public Defender. Those decisions responded to Idaho’s growing correctional needs while providing less support for programs intended to reduce future justice system involvement. As prison costs continue to rise, this reduced support for prevention will increase long-term pressure on Idaho’s correctional budget.

The Idaho Department of Correction’s General Fund appropriation increased from $352.6 million in FY 2026 to $385.8 million in FY 2027, an increase of $33.2 million (9.4 percent).³ Idaho’s year-end incarcerated population grew about nine percent from FY 2022 to FY 2025, and much of the added funding addresses current capacity needs.⁴ Idaho has relied more on local and out-of-state facilities to meet demand as the number of people in state custody has grown.⁵ The FY 2027 budget included $22.9 million for county and out-of-state housing because Idaho’s prison population exceeds the department’s available bed space.⁶

At the same time, lawmakers reduced funding for programs that help keep people from entering—or returning to—the correctional system.

• Judicial Branch: General Fund support decreased from $77.8 million to $74.9 million, a reduction of $2.9 million (3.8 percent). Treatment courts operate within the Judicial Branch.⁷
• Office of the State Public Defender: General Fund support decreased from $44.7 million to $43.0 million, a reduction of $1.7 million (3.8 percent).⁸

These budget decisions show a clear tradeoff. Idaho increased spending to meet immediate correctional needs while reducing support for prevention. Over time, that imbalance will put more pressure on the state’s correctional budget.

Investing Before Prison Improves Public Safety and Fiscal Responsibility

Idaho’s long-term public safety and fiscal sustainability depend on investing in strategies that reduce future justice system involvement. These investments benefit more than just the Idahoans navigating the justice system. When fewer people enter or return to prison, Idaho can reduce demand on taxpayer-funded services and avoid higher incarceration costs over time. Further, the Idahoans successfully served by intervention services are then able to remain home with their families, continue going to work, and be active participants in their communities.

Public defense and treatment courts are two important points of intervention. Both help reduce repeated justice system involvement and long-term costs. Idaho’s own evaluations show that treatment court participants are less likely to commit a new crime or return to custody than those who do not participate.⁹¹⁰¹¹ Strong public defense helps cases move through the justice system more efficiently and connects eligible people to services and alternatives to incarceration.¹²

Public Defense Helps Keep People Out of Prison

During the 2026 Legislative Session, lawmakers reduced General Fund support for the Office of the State Public Defender by $1.7 million from FY 2026 to FY 2027. As Idaho implemented its statewide public defense system during FY 2025 and FY 2026, lawmakers approved funding for higher contract rates, salary increases, and new regional offices. These investments were intended to strengthen Idaho’s public defense capacity and improve access to timely legal representation across Idaho, especially in Idaho’s rural communities where resources are limited.¹³

From October 1, 2025, through June 2026, Idaho’s statewide public defense system was assigned more than 39,000 criminal cases during its first nine months of operation.¹⁴ That caseload highlights the important role public defense plays in keeping Idaho’s criminal justice system functioning efficiently.

Adequately funded public defenders help cases move through the justice system, identify people who are eligible for treatment or other alternatives to incarceration, and ensure that incarceration is reserved for situations where it is appropriate. Timely legal representation can also reduce unnecessary delays that increase detention costs and court backlogs. Continued investment in public defense strengthens these functions, supports timely case resolution, and helps Idaho control long-term justice system costs.¹⁵

Public defense also affects long-term costs for taxpayers and individuals. When representation is delayed or attorneys are overextended, cases can stall, and pretrial detention can lengthen. Longer detention adds jail costs and can deepen court backlogs. It can also disrupt a person’s work and family life when an individual is kept in custody longer than necessary.¹⁶

Treatment Courts Improve Public Safety and Reduce Repeat Offenses

Treatment courts are one of Idaho’s most important investments in public safety. They combine court supervision, treatment, and accountability to address needs that often contribute to repeated justice system involvement. The Idaho Judicial Branch reports that more than a decade of research finds treatment courts reduce crime and produce clear cost benefits.¹⁷ Every dollar spent on treatment courts results in $2 to $4 in taxpayer savings.¹⁸¹⁹

Idaho is relying on these courts more than it did just a few years ago. In FY 2021, Idaho treatment courts served 1,388 people.²⁰ By FY 2025, Idaho’s 69 active courts served 2,698 people – with almost twice as many people participating. Those courts also graduated 636 participants and supported 87 drug-free births. A 70th treatment court opened in early FY2026, bringing Idaho’s total to 70 courts in 38 counties.²¹

The Idaho Judicial Branch’s own evaluations show why this investment matters for public safety. DUI Court participants were less likely to reoffend than people who did not participate. The evaluation found that those who did not participate were 1.6 times more likely to recidivate.²² Felony Drug Court participants had a lower recidivism rate than felony probationers. The evaluation found a 37 percent recidivism rate for participants, compared with 49 percent for felony probationers.²³ Mental Health Court participants had a lower recidivism rate than the comparison group. The evaluation found a 34 percent recidivism rate among participants, compared with 43 percent for the comparison group.²⁴ These outcomes mean fewer new crimes and less repeated contact with courts and correctional systems.

Treatment courts cannot produce these outcomes through court supervision alone. They depend on behavioral health treatment and recovery services that often sit outside the Judicial Branch budget. Recent reductions in Idaho’s behavioral health system showed that risk.

In late 2025, the Idaho Department of Health and Welfare (IDHW) eliminated adult mental health peer support services and reduced Assertive Community Treatment (ACT) services.²⁵ During the 2026 Legislative Session, lawmakers restored these services through SB 1446 using temporary funding.²⁶

These funding changes affected services used by people with serious mental illness.²⁷ Court leaders reported that the Judicial Branch took on more of the cost for treatment after reductions in peer-support services and other programs were made through the Idaho Department of Health and Welfare.²⁸ When treatment services disappear, courts have fewer tools to help participants remain stable, stay connected to care, and avoid future justice system involvement.

Separately, lawmakers reduced General Fund support for the Judicial Branch in FY 2027.²⁹ Court leaders warned that additional reductions could cut at least $800,000 from treatment court programs.³⁰ Lawmakers later approved one-time dedicated-fund authority to help maintain treatment court services, permitting the courts to take money it already has on hand to fund the program. But one-time funding does not provide a stable long-term solution.³¹

Idaho has nearly doubled the number of people served by treatment courts since FY 2021, and its own evaluations show lower reoffending among participants. Continued investment in both treatment courts and the services they rely on can strengthen public safety and help reduce future demand on jails and prisons.

Continued Investment in Prevention Strengthens Public Safety

As lawmakers consider future funding choices, they must consider the benefits of making strategic investments in prevention. The funding choices made today will affect Idaho for years to come. Investing in proven prevention strategies strengthens public safety and reduces future pressure on courts, jails, prisons, and taxpayers. Idaho cannot control long-term correctional costs by responding to prison growth alone. A stronger approach meets today’s needs while investing in strategies that help prevent tomorrow’s costs.

References

1. Idaho Legislature. 2026 Sine Die Budget Update. Idaho Legislative Services Office. https://legislature.idaho.gov/wp-content/uploads/budget/highlights/Daily-Update/2026/SineDie.pdf  ↩︎
2. Ibid. ↩︎
3. Ibid. ↩︎
4. Idaho Supreme Court, Administrative Office of the Courts. Idaho Mental Health Courts Evaluation Report. February 2019. https://annualreport.isc.idaho.gov/wp-content/uploads/2026/04/2019-MHC-Evaluation-Report.pdf  ↩︎
5. Idaho Legislature. 2026 Sine Die Budget Update. Idaho Legislative Services Office. https://legislature.idaho.gov/wp-content/uploads/budget/highlights/Daily-Update/2026/SineDie.pdf  ↩︎
6. Idaho Legislature. (2026). Senate Bill 1388: Relating to appropriations to the Department of Correction for Fiscal Year 2027. https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2026/legislation/S1388.pdf ↩︎
7. Ibid. ↩︎
8. Ibid. ↩︎
9. Idaho Capital Sun. “Idaho mental health court program that turns lives around faces uncertain future due to budget cuts.” February 9, 2026. https://idahocapitalsun.com/2026/02/09/idaho-mental-health-court-program-that-turns-lives-around-faces-uncertain-future-due-to-budget-cuts/  ↩︎
10. Idaho Capital Sun. “Idaho budget committee provides one-time funding increase for courts to offset budget cuts.” March 5, 2026. https://idahocapitalsun.com/2026/03/05/idaho-budget-committee-provides-one-time-funding-increase-for-courts-to-offset-budget-cuts/ ↩︎
11. Cheesman, F. L., II, & Lyles, O. “The State of Specialty Treatment Courts in Iowa: Opportunities for Enhancement and Suggestions for Research.” National Center for State Courts. December 21, 2018. https://www.legis.iowa.gov/docs/publications/DF/1033936.pdf  ↩︎
12. Petersen, C. “The Importance of Strong Public Defense in Idaho.” Idaho Center for Fiscal Policy. October 22, 2025. https://idahofiscal.org/the-importance-of-strong-public-defense-in-idaho/ ↩︎
13. Office of the State Public Defender. “How the 2026 SPD Budget Will Improve Public Defense in Idaho.” https://spd.idaho.gov/how-the-2026-spd-budget-will-improve-public-defense-in-idaho/ ↩︎
14. Ibid. ↩︎
15. Petersen, C. “The Importance of Strong Public Defense in Idaho.” Idaho Center for Fiscal Policy. October 22, 2025. https://idahofiscal.org/the-importance-of-strong-public-defense-in-idaho/  ↩︎
16. Idaho Capital Sun. “Cutting public defense funding before the new state system stabilizes will cost Idaho more.” February 20, 2026. https://idahocapitalsun.com/2026/02/20/cutting-public-defense-funding-before-the-new-state-system-stabilizes-will-cost-idaho-more/ ↩︎
17. Idaho Supreme Court Judicial Branch. “Annual Report: Treatment Courts.” https://annualreport.isc.idaho.gov/treatment-courts/ ↩︎
18. Idaho Capital Sun. “Idaho mental health court program that turns lives around faces uncertain future due to budget cuts.” February 9, 2026. https://idahocapitalsun.com/2026/02/09/idaho-mental-health-court-program-that-turns-lives-around-faces-uncertain-future-due-to-budget-cuts/ ↩︎
19. Cheesman, F. L., II, & Lyles, O. “The State of Specialty Treatment Courts in Iowa: Opportunities for Enhancement and Suggestions for Research.” National Center for State Courts. December 21, 2018. https://www.legis.iowa.gov/docs/publications/DF/1033936.pdf  ↩︎
20. Idaho Supreme Court Judicial Branch. “2022 Annual Report: Treatment Courts.” https://annualreport2022-isc.idaho.gov/treatment-courts/ ↩︎
21. Idaho Supreme Court Judicial Branch. “Annual Report: Treatment Courts.” https://annualreport.isc.idaho.gov/treatment-courts/  ↩︎
22. Ronan, S. M., Collins, P. A., & Rosky, J. W. The Effectiveness of Idaho DUI and Misdemeanor/DUI Courts: Outcome Evaluation. Journal of Offender Rehabilitation. 2009. https://annualreport.isc.idaho.gov/wp-content/uploads/2026/04/Effectiveness_Of_ID_DUI_Courts_Outcome_Evaluation_2009.pdf ↩︎
23. Idaho Administrative Office of the Courts. “Idaho Felony Drug Courts Evaluation Report.” September 2014. https://annualreport.isc.idaho.gov/wp-content/uploads/2026/04/Id_Felony_DC_Eval_Report_2014.pdf  ↩︎
24. Idaho Supreme Court, Administrative Office of the Courts. “Idaho Mental Health Courts Evaluation Report.” February 2019. https://annualreport.isc.idaho.gov/wp-content/uploads/2026/04/2019-MHC-Evaluation-Report.pdf  ↩︎
25. Idaho Capital Sun. “Idaho Medicaid contractor to cut critical services for people with severe mental illness.” November 21, 2025. https://idahocapitalsun.com/2025/11/21/idaho-medicaid-contractor-to-cut-critical-services-for-people-with-severe-mental-illness/ ↩︎
26. Idaho Legislature. (2026). Senate Bill 1446: Relating to appropriations to the Department of Health and Welfare and the Judicial Branch for Fiscal Year 2027. https://legislature.idaho.gov/sessioninfo/2026/legislation/S1446/ ↩︎
27. Idaho Capital Sun. “Idaho Medicaid contractor to cut critical services for people with severe mental illness.” November 21, 2025. https://idahocapitalsun.com/2025/11/21/idaho-medicaid-contractor-to-cut-critical-services-for-people-with-severe-mental-illness/  ↩︎
28. Idaho Capital Sun. “Idaho mental health court program that turns lives around faces uncertain future due to budget cuts.” February 9, 2026. https://idahocapitalsun.com/2026/02/09/idaho-mental-health-court-program-that-turns-lives-around-faces-uncertain-future-due-to-budget-cuts/ ↩︎
29. Idaho Legislature. 2026 Sine Die Budget Update. Idaho Legislative Services Office. https://legislature.idaho.gov/wp-content/uploads/budget/highlights/Daily-Update/2026/SineDie.pdf  ↩︎
30. Idaho Capital Sun. “Idaho mental health court program that turns lives around faces uncertain future due to budget cuts.” February 9, 2026. https://idahocapitalsun.com/2026/02/09/idaho-mental-health-court-program-that-turns-lives-around-faces-uncertain-future-due-to-budget-cuts/ ↩︎
31. Idaho Capital Sun. “Idaho budget committee provides one-time funding increase for courts to offset budget cuts.” March 5, 2026. https://idahocapitalsun.com/2026/03/05/idaho-budget-committee-provides-one-time-funding-increase-for-courts-to-offset-budget-cuts/  ↩︎